Terms and Conditions

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of contents

  1. scope
  2. conclusion of the contract
  3. Prices and payment terms
  4. delivery and shipping conditions
  5. liability for defects
  6. redemption of promotional vouchers
  7. Applicable law, place of jurisdiction

1) Scope

1.1 These terms and conditions of LEFRANI, trading under "Fränzi Pfeil" (hereinafter "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering his personal data, the customer submits a legally binding contract offer in relation to the goods and/or services contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller may accept the Customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects "PayPal Express" as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking the button that completes the ordering process. In this case, the seller hereby declares, in deviation from section 2.3, that he accepts the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.5 The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending their order together with these terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending their order.

2.7 Before the binding submission of the order via the seller's online order form, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contact are carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Prices and payment terms

3.1 The prices stated by the seller include statutory VAT and other price components. Any additional delivery and shipping costs are stated separately in the respective product description.

3.2 Various payment options are available to the Customer, which are specified in the Seller’s online shop.

3.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

3.4 If you select a payment method offered via the payment service "Shopify Payments", the payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de available.

3.5 If you select the payment method "PayPal", the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal terms of use, which can be viewed at https://www.paypal.com /ch /webapps /mpp /ua /useragreement-full ?locale.x=de_CH This requires, among other things, that the customer opens a PayPal account or already has such an account.

3.6 Purchase on account with installment payment option (POWERPAY)

As an external payment service provider, MF Group / POWERPAY offers the payment method “purchase on account”. With the individual invoice, you can easily pay for your online purchase by invoice. If you do not make a payment within the specified time frame, you will subsequently receive a monthly invoice with an order overview in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim and handles the corresponding payment terms. When purchasing on account, you accept the <a href= https://www.powerpay.ch/de/agb target="_blank"> Terms and Conditions</a> of POWERPAY in addition to our terms and conditions. (powerpay.ch/de/agb).

4) Delivery and shipping conditions

4.1 Goods are usually delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address provided by the seller during order processing is decisive. In deviation from this, if the PayPal payment method is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.

4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.

4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Buyer when the goods are dispatched or handed over to the person commissioned to carry out the transport.

4.4 Self-collection is not possible for logistical reasons.

5) Liability for defects

The statutory liability for defects applies.

6) Redemption of promotional vouchers

6.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

6.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

6.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

6.4 Multiple promotional vouchers can be redeemed in one order.

6.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

6.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

6.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.

6.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his contractual right of withdrawal, provided that such a right has been agreed.

6.9 The promotional voucher is transferable. The seller can make a payment to the respective holder who redeems the promotional voucher in the seller's online shop, with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.

7) Applicable law, place of jurisdiction

7.1 If the customer acts as a consumer, all legal relationships between the parties shall be governed by Swiss law, excluding the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer’s place of residence.

7.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence or business of the seller.